The 2nd Circuit denied a voter's assertion that New York's method of congressional district apportionment should be changed from overall population to voting-age population.

Michael Kalson sued Gov. David Paterson and the state election board. Kalson claimed his vote didn't count as much as those of voters in other congressional districts with a smaller percentage of adults.

The judge noted that Kalson does not assert that "districts must be comprised of the same number of actual voters or eligible voters; he asserts only that they must have the same voting-age population."

Although one district may have a more adults than another, the second district could have a lower percentage of felons, noncitizens, and people who choose not to vote, Calabresi noted.

For that reason, the judge ruled, the plaintiff's request for a voting-age requirement would not remedy his complaint.